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Background Investigations Federal Investigations Notices

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Any agency adjudication in which an extended across agency lines debarment may be warranted should be referred to OPM for debarment consideration (referral before adjudication but after sufficient issue resolution).

Agencies must keep records to show compliance with procedures.

Outlines timing for making suitability determinations (suitability review/determination should occur after qualification determination).

Outlines agency responsibilities for consideration of information in a suitability determination, including addressing information obtained from a confidential source (previously in the FPM).

Previously (c) in the prior regulations  despite delegation, OPM may still exercise its jurisdiction when necessary.

Previously (d) in the prior regulations - all suitability actions may be appealed to the Merit Systems Protection Board (MSPB).

731.104 Appointments subject to investigation

Previously part of the "Jurisdiction" section (731.301 in prior regs), along with new section on "Authority to take suitability actions" (731.105 in current regs).

Outlines exceptions to the "subject to investigation" rule.

No time limit on authority to conduct investigation of applicant who has been appointed; does not eliminate need to investigate for public trust positions.

731.105 Authority to take suitability actions

Previously part of the "Jurisdiction" section (731.301 in prior regs), along with new section on "Appointments subject to investigation" (731.104 in current regs).

OPM suitability actions in applicant/appointee cases.

Agency suitability actions in applicant/appointee cases.

OPM actions in employee cases. Clarifies a statement may be "material" even if an agency did not rely upon it.

Clarifies that 731 does not preclude agencies from taking appropriate actions under 5 CFR 752 or 315.

731.106 Designation of public trust positions and investigative requirements

Previously at 731.302.

Refers to "risk designation system" example to be issued in OPM's supplemental guidance.

Gives examples of public trust positions.

Refers to minimum investigative requirements to be issued in supplemental guidance. Indicates investigations should be started before appointment or, at most, within 14 days after placement.

Requirement for suitability reinvestigations previously in regulations at 731.302 (c) eliminated. Agencies must rely on other authorities such as the Computer Security Act, etc., to conduct reinvestigations.

Requirements for upgraded investigations for risk level changes.

Addresses adjudication when reinvestigation/new investigation due to risk level change (authority to use depends on employment status).

Subpart B  Suitability Determinations

Subpart B  Suitability Determinations

731.201 Standard

731.201 Standard

Minor wording changes.

731.202 Criteria

731.202 Criteria

General criteria in current regulations refers to more specific factors and additional considerations outlined in (b) and (c) rather than outlining general info about efficient service and effective accomplishment of agency duties and responsibilities.

Changes to specific factors to simplify and clarify

Misconduct and negligence in employment  "prior" deleted, and specific nexus language taken out to avoid redundancy with additional considerations

criminal or dishonest conduct - specific nexus language taken out to avoid redundancy with additional considerations

New section. Agencies may impose up to 1 year debarment within their agency and must enforce bar.

Subpart C  Suitability Rating Actions

(Now split between A and B)

731.301 Jurisdiction

731.104 Appointments subject to investigation

731.105 Authority to take suitability actions

New sections created to more adequately differentiate between the two different concepts previously part of the "Jurisdiction" section. See notes above.

731.302 Risk designation and investigative requirements

731.106 Designation of public trust positions and investigative requirements

See notes above.

731.303 Actions by OPM and other agencies

731.203 Actions by OPM and other agencies

See notes above.

731.304 Debarment

731.204 Debarment by OPM

731.205 Debarment by agencies

See notes above.

Subpart D  Suitability Actions

Subpart C  OPM Suitability Action Procedures

731.401 Scope

731.301 Scope

Minor wording changes.

731.402 Notice of proposed action

731.302 Notice of proposed action

Some reorganization/simplification in wording. No material changes.

731.403 Answer

731.303 Answer

No material changes.

731.404 Decision

731.304 Decision

Date employing agency is required to remove changed from 30 days following the date of the decision to within 5 days of receipt of final decision.

Subpart D  Agency Suitability Action Procedures

New subpart. Added to provide specific procedures to follow in agency suitability actions.

731.401 Scope

731.402 Notice of proposed action

No specific time for response cited (must give reasonable notice and notify of time limits for response). Still required to give notice in writing, chance to get materials relied upon, state specific reasons for decision.

731.403 Answer

Respondent may answer in writing and provide affidavits.

731.404 Decision

Decision must be in writing and may be appealed. Appointee removal within 5 days of the final decision.

Subpart E  Appeal to the Merit Systems Protection Board

Subpart E  Appeal to the Merit Systems Protection Board

731.501 Appeal to the Merit Systems Protection Board

731.501 Appeal to the Merit Systems Protection Board

Added that MSPB must affirm decision if one or more of the charges are sustained but may remand to determine if action taken is still appropriate if not all charges are sustained. No further appeal after remand.

Subpart F  Reemployment Eligibility

(Deleted)

731.601 Reemployment eligibility of certain former Federal employees

(Deleted)

Entire Subpart deleted. Since agencies are delegated authority to determine suitability in most cases, no longer makes sense to have OPM re-determine suitability.

SubpartF  Savings Provision

Subpart E  Savings Provision

731.701 Savings provision

731.601 Savings provision

Follow prior regulations in any case in which a proposed action letter has been sent before implementation date of new regulations.